The U.S. Department of Justice (DOJ) has issued a warning to Elon Musk’s America PAC, raising concerns that a $1 million-per-day voter giveaway may violate federal election laws. According to reports from various U.S. outlets, including CBS News, the DOJ’s Public Integrity Section sent a letter to Musk’s political group, cautioning that such a sweepstakes may cross legal boundaries.
Musk, who is actively campaigning for Republican Donald Trump in the 2024 presidential election, began the lottery-style contest over the weekend. The giveaway, aimed at rallying voters in swing states to sign a petition supporting the First and Second Amendments, promises daily monetary prizes to registered voters who participate. The contest has sparked outrage among Democrats, prompting legal experts to weigh in on its potential legality.
Legal Concerns Over Voter Registration Incentives
Under U.S. federal law, it is illegal to offer payment in exchange for voter registration, a rule designed to prevent undue influence on the electoral process. The DOJ’s letter expressed concerns that Musk’s voter giveaway could be seen as a violation of this law. According to Paul Schiff Berman, a law professor at George Washington University, the contest may indeed breach provisions of the U.S. Code that prohibit offering financial incentives for voter registration.
Legal analysts argue that because the giveaway requires participants to be registered voters, it could potentially lead to civil or criminal action. Adav Noti, an expert from the non-partisan Campaign Legal Center, stated that the scheme violates federal law and called for DOJ enforcement. The law imposes penalties of up to $10,000 in fines or five years in prison for those found guilty of offering or accepting payments for voter registration.
Musk Defends Contest Amid Growing Scrutiny
Despite the mounting legal concerns, Musk has dismissed accusations that the giveaway is illegal. During a speech in Pennsylvania, he emphasized that participants can be affiliated with any political party or none at all and that there is no requirement for them to vote in exchange for the monetary prize. He framed the contest as a means to rally support for the Constitution, particularly focusing on free speech and the right to bear arms.
In response to the DOJ’s warning, America PAC altered the terms of the giveaway, describing the prize as payment for a job rather than a simple lottery. Winners would now be paid to act as spokespersons for the PAC, including creating pro-Trump videos, according to sources like CNN. This reframing could potentially circumvent legal challenges, though experts remain divided on whether it fully complies with election laws.
Calls for Investigation by DOJ as Election Day Approaches
As Election Day on November 5 draws nearer, the controversial contest continues to attract attention from legal experts and political observers alike. A group of Republican former prosecutors has called on the DOJ to launch a formal investigation into the legality of Musk’s lottery. In a public letter, the group expressed concerns about the contest’s potential to disrupt the voting process and pointed to the possibility of both federal and state law violations.
The Republican ex-prosecutors highlighted the unusual nature of the contest, stating that nothing like this has been seen in modern political history. They urged law enforcement to treat the case with urgency, given its potential impact on voter behavior in key battleground states such as Pennsylvania, Georgia, and Michigan. With the legality of the scheme still unclear, the DOJ’s next steps could have significant implications for Musk, Trump, and the broader 2024 presidential election.
